Terms and Conditions of Co-Working
§ 1 General
The following contractual terms apply to all services provided by Wertheim Boarding House GmbH (referred to below as Wertheim) in respect of its users/contractual partners/members/customers (referred to below as Customer).
Any terms and conditions of the Customer that contradict or go beyond these contractual terms are invalid without express written confirmation by Wertheim.
Wertheim’s offer is aimed both at private customers and businesses. A business is any natural or legal person or partnership with legal capacity that is carrying on its commercial or independent professional activity when concluding the contract.
§ 2 Specification of services
The subject of Wertheim’s offers and services is the provision of office workplaces, offices, meeting/workshop rooms, event areas, company name plates, lockers, technical office infrastructure and the internal café, including the products and services offered there (e.g. restaurant service), as well as various office services and holding of courses, events and projects.
The use of offices, event areas, meeting/workshop rooms and co-working areas is regulated with additional contractual agreements/tickets.
Depending on the type of contract/ticket chosen, options for use are limited to a certain type of use and/or a certain time. In the case of tickets for flexible workplaces, availability of free workplaces at all times cannot be guaranteed.
The Customer has a period of 3 months from the purchase date of a ticket to use the quota of tickets. Unused quotas from the ticket will cease to be valid following expiry of the three-month period. Tickets may not be exchanged.
Constant availability of WLAN or internet access is not guaranteed.
Flexible workplaces are to be vacated and, if necessary, cleaned by the Customer at the end of each day of use.
The Customer has thoroughly checked the furnishings and rooms prior to the start of the contractual relationship and acknowledged their functionality.
§ 3 Conclusion of contract
The contract is concluded in writing. The contract is concluded when Wertheim accepts a corresponding application for conclusion of the contract from the Customer with declaration of acceptance/confirmation of reservation. Declaration of acceptance/confirmation of reservation can be made in writing or by email. The Customer can change its intended scope of use at any time before declaration of acceptance/confirmation of reservation. By submitting the offer, the Customer declares that it has taken note of the contents of these contractual terms. The contractual terms therefore become the subject of the contract.
The Customer gives their assurance that the information provided is complete and accurate. The Customer undertakes to immediately provide information about any changes to its personal data.
Furthermore, Wertheim can request from the Customer presentation of trading, corporate, commercial and/or tax law documentation that proves its capacity as a business. Wertheim is entitled to postpone activation of individual services until documentation has been received and checked.
There is no insurance cover for the Customer’s personal objects. The Customer has to take out insurance cover for the contents of the rooms it uses (furnishings and goods, including risk of consequential damages as a result of break-in / theft), at its own expense. Furthermore, the Customer assumes the risk of glass breakage for the windows that belong to the rooms it is using. The Customer undertakes to take out and keep up employer’s liability insurance and to provide Wertheim with proof of the existence of appropriate insurance cover at the beginning of membership and other contractual relationships.
The Customer gives its agreement to Wertheim obtaining information about it from SCHUFA and/or other credit bureaux. Furthermore, the Customer agrees that Wertheim may inform this company in return that measures have been initiated (e.g. default action, contentious proceedings, enforcement).
§ 4 Intended use
The Customer may only use the workplaces and rooms for the business indicated and the purpose specified.
Any change requires the express, written consent of Wertheim. Violation of this term entitles Wertheim to terminate the contract and to evict the Customer without notice.
If the Customer carries on activities, without the written consent of Wertheim, that exclude deduction of input tax from the Customer, the Customer is liable for damages incurred by Wertheim in that the Customer undertakes to repay/reimburse input tax or other expenses.
Wertheim is not responsible for it being possible to be granted the official approvals necessary for the Customer’s business enterprise.
If official approval required for the business is refused or revoked, because the location or state of the rooms is not suitable for the business or because conditions have been imposed on them, Wertheim is not obligated to put the property into a state suitable for full concessionary use. In this case, both parties have the right to withdraw from the contract. In the event of withdrawal, neither of the parties is entitled to make claims of any kind against the other party.
The Customer has to meet official and technical conditions, including future conditions (e.g. stricter health and safety regulations; change of use), that only affect the Customer’s business, at its own expense, and exempt Wertheim from conditions that are imposed on it. Should such conditions not be met, the Customer does not have any right to compensation for damages, withdrawal, termination or refusal to perform services in respect of Wertheim.
When carrying on its commercial activity, the Customer has to adhere to the relevant environmental protection regulations that apply to it. Carrying on the commercial activity must not obstruct any other customers or cause damages or disproportionate disruption.
Waste from the Customer’s commercial activity (including hazardous waste and waste from redecoration) must not be disposed of in the rubbish bins provided in Wertheim for general waste, but is to be disposed of by the Customer itself at its own expense. Other waste is to be separated before disposal.
Wertheim may also enter the premises used by the Customer, for the purposes of cleaning, during business hours, including in the absence of the Customer. Wertheim also has the right to access in order to satisfy itself of the condition of the rooms. This right can also be exercised by an authorised representative of Wertheim. If danger is imminent, access is permitted at any time of day or night.
§ 5 Use of the rooms
The Customer accepts the rooms in the condition in which they are handed over. The Customer recognises this condition as being in conformity with the contract. The premises are rented as seen.
The Customer undertakes to treat with care the rooms used, the communally accessible fittings and all objects and to keep them in condition in conformity with the regulations.
The Customer is to inform Wertheim immediately of damage to the rooms used by the Customer, communal areas or pieces of furniture, as well as loss of pieces of furniture. The Customer has to compensate for damages that are incurred because Wertheim was not informed in time.
Liability without fault of Wertheim for initial quality defects (§ 526 a BGB [civil code]) is excluded.
If heating, air-conditioning, gas, electricity, water supply, drainage, internet access or access to the premises are interrupted due to circumstances that are not the responsibility of Wertheim or if floods or other catastrophes occur, the Customer does not have the right to a reduction in price or compensation for damages.
The Customer does not have any claim to uninterrupted services if malfunctions occur. Wertheim or its representatives are to be informed immediately of malfunctions. The lift is used at the user’s own risk.
External effects caused by third parties, e.g. traffic diversions, events in the area or similar, are not justification of an error in the object of use, regardless of their extent, unless they are the responsibility of Wertheim.
Rooms may not be sublet without the prior, written consent of Wertheim.
§ 6 Conditions of access and rules of conduct
§ 6.1. Access to Wertheim
1a. Wertheim is open from Monday to Friday, from 9.00 hours until 18.00 hours. Wertheim is closed on public holidays and during the annual holidays.
1b. The Customer is granted access to Wertheim sites in accordance with the conditions of the membership selected and the contract. Access is also possible outside of business hours, depending on the contract chosen. Every Customer is entitled to receive visitors and this is not restricted to business hours.
Furthermore, the Customer undertakes not to grant access to the building and the premises to strange persons who are not members of Wertheim or to only grant access after prior consultation with Wertheim.
1c. Use of co-working areas, workshop rooms and offices is forbidden without a valid ticket or a contractual basis.
1d. Customers are forbidden from accessing rooms that only authorised Wertheim personnel are permitted to access.
1e. Wertheim’s premises have routers for provision of internet access via WLAN. The Customer declares their agreement to routers being installed in the rooms that they use, in order to optimise supply. Claims for a reduction in price are excluded.
§ 6.2. Keycard
2a. Wertheim gives the Customer a key or keycard for accessing Wertheim, which is used as an access card for the technical entry system.
The keycard entitles the Customer to use Wertheim during official business hours. Access to Wertheim can be refused if the keycard is not presented.
2b. The Customer undertakes to keep the Wertheim keycard and key safe. The Customer must inform Wertheim immediately of any loss of the card / key. Customers are strictly forbidden from making copies of or procuring their own keycard/key.
2c. After the end of the contract, the member must return all keycards/keys to Wertheim.
2d. The keycard/key is not transferrable. The Customer therefore undertakes to only use Wertheim keycard/key personally and not to transfer it to third parties. In the event of violation of this term, the member undertakes to pay a contractual penalty amounting to €500.00. In addition, Wertheim also reserves the right to assert a further claim for damages that may exceed the amount of the contractual penalty.
2e. A deposit is collected when the keycard is issued. The deposit is payable in cash, on site, to Wertheim when the keycard is received.
2f. Wertheim reserves the right to add additional functions to the keycard in the future. In this instance, the Customer will be granted a special cancellation right that it can claim within 7 working days.
§ 6.3. Use of the premises
3a. The Customer undertakes to treat the rooms used and the communally accessible fittings respectfully and with care. Pieces of furniture and all other objects are to be treated with care. Any misuse is forbidden. The Customer will be charged for all damages.
3b. Use of the rooms is limited to use in conformity with the contract.
3c. The Customer has to clean the rooms carefully and ventilate them properly.
3d. Noise and environmental regulations are to be adhered to. In particular, attention must be paid that safeguards installed for fire safety are not changed or interfered with. In particular, this applies for fire zones in double floors and suspended ceilings.
3e. During the heating period, the Customer must keep doors and windows, including those of unheated rooms, firmly closed. Necessary ventilation must not lead to the rooms becoming cold. Heating valves must be at least at “1” to avoid freezing during frosty weather.
3f. No objects may be placed or stored outside of the premises rented, i.e. in or on communally used rooms and areas.
3g. Escape routes inside and outside the rooms used are to be kept clear in accordance with police and fire regulations.
3h. All general technical and official regulations, especially those of the supervisory authority for buildings and the fire brigade, are to be adhered to. Naked flames and smoking are banned throughout the whole of Wertheim and its premises (with the exception of outdoor areas separately identified by Wertheim). Storage of highly flammable materials, such as petrol and oil etc., is expressly forbidden. Wertheim or its representative is to be informed immediately in the event of fire or explosion of any kind.
3i. The Customer has to keep the premises free from vermin. Wertheim or its representative is to be informed in the event of an infestation.
3j. In the event of storms, rain or snow, windows are to be kept closed and outdoor shutters and awnings are to be brought in. This also applies to periods outside of office and business hours. Doors and all windows are to be closed by the Customer when it leaves Wertheim.
3k. The Customer may not exceed loads on floors pursuant to building regulations.
3l. The Customer may only use the available mains networks for electricity, gas, water and the internet to the extent they are not overloaded. If demand increases, the Customer can cover it by expanding the networks at its own expense, with the prior, written consent of Wertheim.
3m. Water may only be taken from the water mains for normal purposes (e.g. for sanitation purposes).
3n. In the event of disruption or damage to the supply lines, the Customer has to ensure that they are switched off immediately and inform Wertheim or its representative. In cases of imminent danger, the Customer undertakes to eliminate the immediate danger by itself as soon as possible.
3o. A change in the energy supply, in particular, alteration to electric power supply does not entitle the Customer to claim damages from Wertheim.
§ 6.4. Provision of technical equipment
4a. Wertheim makes available to the Customer technical equipment (e.g. projectors, TVs & printers, scanners) as well as other pieces of furniture, in an undamaged state. The function of equipment and pieces of furniture is tested regularly.
4b. The technical equipment and other pieces of furniture are to be handled with care. Technical changes to Wertheim workplaces by the Customer are not permitted without prior, written consent. Any misuse is forbidden.
4c Use of technical equipment is only permitted within Wertheim.
4d. The Customer has to reimburse Wertheim for damages to the equipment.
§ 6.5. Provision of technical services and internet
5a. Free WLAN / WIFI is made available to Wertheim customers free of charge. VoIP telephone services can also be ordered at a price specified in the price list.
5b. When using technical services, the Customer undertakes to adhere to all statutory provisions, in particular those concerning data protection and copyright. The Customer must immediately inform Wertheim of any legal infringements. This obligation also applies to relatives, workers, employees, visitors, guests, suppliers, tradespeople and other persons of the Customer who stay in or visit the premises leased with its consent.
5c. Wertheim accepts no liability for infringement of the proprietary rights of third parties in relation to the Customer’s work and for the transmission of data and data carriers by the Customer. The Customer is responsible for ensuring that there are no legal infringements under competition law, copyright law, trade mark law, data protection law or other legal infringements in the context of the contractual relationship with Wertheim. If Wertheim becomes aware of such legal infringements, the contractual relationship will be terminated with immediate effect. The Customer will hold Wertheim harmless from any third-party claims in the event if a legal infringement. The Customer will reimburse Wertheim for costs of proceedings in the event that claims are made against Wertheim by third parties as a consequence of legal infringement.
5d. The Customer is subject to statutory restrictions for retrieving, saving, transmitting, distributing and presenting certain content. In particular, this includes restrictions under copyright law. Illegal copying, distribution or downloading of material protected by copyright is strictly forbidden.
5e. The Customer confirms that it will not use Wertheim services and infrastructure for any of the activities listed below (the list is not exhaustive):
Use in connection with prize games, MLM (pyramid schemes), chain letters, spam emails or other types of unwanted messages or advertising (both private and commercial)
Defamation, misuse, harassment, stalking, threatening or other violation of statutory provisions (such as protection of privacy or the right to live one’s own life) of persons or firms inside and outside of Wertheim
Distribution of immoral, offensive or other illegal materials or data within or using the infrastructure provided by Wertheim
Distribution or provision of data that contains images, photographs, moving pictures, software or other materials and data that are subject to the law protecting intellectual property (e.g. trade mark law), unless the Customer is the holder of the rights or has authorisation to distribute
Distribution of data that contains viruses, Trojan horses, worms, bots or other harmful software
Illegal download of data that is protected by copyright
Preventing other customers from accessing and using Wertheim services and infrastructure
Illegal procurement or distribution of information from other users, including, in particular, their email addresses, without their consent
Giving false identity data
Use of pornographic and extremist content.
5f. The Customer must make no attempts at unauthorised access to the infrastructure by hacking or other methods.
5g. In the event of culpable violation of the above obligations that results in damages for Wertheim, the Customer has to compensate Wertheim for these damages and hold it harmless from third-party claims.
Wertheim also reserves the right to exclude the Customer from further use and to terminate the contractual relationship, in exceptional circumstances.
§ 6.6. Workplace
6a. The Customer has to handle all of the pieces of furniture at the workplace with care and return them to Wertheim at the end of use in a clean, defect-free and usable condition that is in conformity with the contract. The Customer is to replace damaged or lost furnishings to the full extent for Wertheim.
6b. The Customer has to return to Wertheim all of the keys to the workplace issued to it.
6c. If the Customer does not give up possession of the workplace in good time, it is liable towards Wertheim for all damages caused by the delayed return, even if the damages exceed the amount of the fee for use originally agreed with the Customer.
§ 6.7. The Customer’s equipment
7a. The Customer gives its assurance that the equipment that it brings into the premises leased belongs to it entirely, with the exception of reservations of ownership that are normal business practice.
7b. Wertheim can store equipment that is left behind at the expense of the Customer, if it is not removed despite request.
§ 7 Liability and duty to maintain safety
The Customer is liable in respect of Wertheim for damages that are caused by violation of the duty to exercise care that is incumbent upon it. The Customer is liable in the same way for damages that have been caused by relatives, workers, employees, visitors, guests, suppliers, tradespeople and other persons who stay in or visit the premises rented with its consent.
In particular, the Customer is liable for damages that are caused by improper use of water, heating and air conditioning systems, as well as by leaving open doors and windows or neglect of responsibilities that the Customer has assumed (lighting, etc.).
It is up to the Customer to prove that it or the persons named under 8.1. are not responsible for causing the damage.
The Customer has to immediately rectify damages for which it has to assume liability. If the Customer does not fulfil this obligation despite warning with fixing of a time limit, Wertheim can have the necessary work carried out at the expense of the Customer. If danger is imminent or if the Customer’s whereabouts are not known, Wertheim does not need to give warnings or fix time limits.
A duty to maintain safety is incumbent on the Customer for its premises. To this extent, the Customer holds Wertheim harmless from all third-party claims.
§ 8 Tariffs and terms of payment
All Wertheim prices are subject to VAT at the legally applicable rate. Additional services are to be paid for separately. Prices are agreed individually and are not necessarily based on information from the Wertheim website.
Payments for services are due within 14 days of presentation of invoice, without deduction. Receipt of payment is decisive. The Customer’s payment is overdue from the 15th calendar day after the invoice date.
If monthly payments have been agreed, these are to be made in advance, at the latest on the 27th calendar day of the previous month in question.
All payments are to be made free of charge to the Wertheim account. Timeliness of payment does not depend on when the payment was made, but on when the money is credited to the Wertheim account.
In the event of default, Wertheim is entitled to request interest on late payment in accordance with statutory regulations. The parties also agree flat-rate compensation for costs of 10.00 EUR per payment for non-payment of direct debits or subsequent withdrawal of credit. Furthermore, Wertheim also reserves the right to claim further damages in the event of default or non-payment or reverse entries.
In the event of default, Wertheim is entitled to exercise its right to retention and to withhold or suspend the contractually agreed services until definitive payment of the outstanding item. Exercise of the right of retention does not affect the Customer’s other payment obligations, including any on-going payment obligations.
§ 9 Adjustment of the price for use
Wertheim is entitled to make adjustments to charges, in particular for rent, at any time and without justification. Wertheim will inform the Customer of this in writing, in sufficient time. The price adjustment will become effective four months after receipt of notification by the Customer. Price adjustment entitles the Customer to a special right of termination. The Customer has to exercise this special right of termination within one month of receipt of the price change with written notification to Wertheim. Termination becomes effective when the charges are increased. Changes to VAT that lead to changes in charges are not considered to be a price adjustment within the meaning of this clause.
§ 10 Provision of security
If the duration of use of the premises exceeds a period of 11 months, security is to be paid by the Customer to Wertheim before the start of use. The amount is derived from the monthly price for use multiplied by a factor of 3. The security does not bear interest.
Wertheim is entitled to satisfy from the security its demands due resulting from the owner and user relationship, while the period of use is ongoing. If a claim is made, the Customer has to top up the security by the relevant amount.
The security will be returned after termination of the owner and user relationship and after contractual obligations have been fulfilled (including future obligations, e.g. demands for subsequent payments). In the event of non-performance of the contract, the security is only returned if there are no counter claims.
§ 11 Warranty, liability
The Customer has thoroughly inspected the rooms and workplaces prior to conclusion of the contract. By taking over the rooms and workplaces, the Customer recognises their condition to be in conformity with the contract.
The Customer has taken note that some workplaces are located in an open-plan office and that the workplaces rented are not separately lockable. As the condition is known to the Customer, the Customer renounces any claims pursuant to §§ 536, 536 a BGB. In this respect, there are no warranty claims for a reduction in the contract price.
Wertheim gives no warranty for the condition of the workplace in question in respect of the Customer at handover and for the duration of use.
In all cases where Wertheim undertakes to compensate for damages or reimburse expenses in the course of business on the basis of contractual or statutory bases of claim, Wertheim is only liable if this is because of intention or gross negligence of Wertheim or its vicarious agents or if there has been injury to life, body or health. Liability for culpable violation of essential contractual obligations and warranties remains unaffected by this.
Any liability of Wertheim is limited to foreseeable damages that are typical of the contract. Liability for consequential damages, in particular for lost profit or compensation for damages to third parties, is precluded, unless Wertheim has caused these damages intentionally.
The Customer must inform Wertheim immediately of damages that concern insured risks so that Wertheim can forward notice of loss to its insurer in good time. The Customer will pay for disadvantages suffered by Wertheim because of delayed notification by the Customer.
§ 12 Structural changes by Wertheim
Wertheim may carry out repairs, renovations and make structural changes that are expedient for maintaining and extending the building, the premises or the workplace or for preventing danger or repairing damages. The Customer undertakes to always keep its workplace accessible for this eventuality and to vacate it immediately, if required. If the Customer does not fulfil this obligation, it will be liable for additional costs incurred by Wertheim as a result of this (replacement costs, damages for delay).
The Customer is not allowed to enter sections of the building where work is being carried out.
The Customer has to tolerate measures that are necessary for maintaining and renovating the premises or the building, as well as measures for improving the premises, the workplace or other parts of the building.
In so far as the Customer has to tolerate measures in accordance with this, it can neither reduce the price for use nor exercise a right to retention nor claim compensation for damages.
13 Structural changes/bringing in of fittings by the Customer
The Customer is forbidden from making structural changes to the rooms. In the event of non-compliance, Wertheim can return the structural changes to their original condition. The costs for this are paid by the Customer.
Fittings and installations may only be carried out with the prior, written consent of Wertheim. If Wertheim grants such consent, the Customer is responsible for obtaining any approvals under building laws and has to pay all of the costs for this.
Wertheim can request that fittings that the Customer has put in the rooms, remain in the rooms in return for payment of compensation for their value. Otherwise, the Customer has to return the rooms to their original condition when it moves out.
The Customer is liable for all damages that arise in connection with building work, renovations or installations/conversions that it has had carried out.
The Customer pays the costs for cosmetic repairs or renovations that it carries out or has carried out. The Customer is liable for damages that result from the work carried out.
§ 14 Term/extension/termination of the contractual/use relationship
The use of Wertheim by the Customer is limited to the contractual term.
Use/contractual relationships that are limited in time can be extended by written agreement between the Customer and Wertheim. If there is no extension, the use relationship will end at the agreed point in time.
Furthermore, the contractual relationship can also be terminated while observing a period of 6 months from the end of the month. Termination has to be in writing.
Wertheim is not liable for the previous member vacating the rooms on time or for their being ready on time, provided that there is no gross negligence or intention on its part. If there is a delay beyond the agreed deadline for such reasons, the use relationship starts on the day of the actual handing over. If the start of the granting of use is delayed by more than three days, Wertheim will inform the Customer of this immediately. In this case, the Customer has the right to terminate the contractual relationship in writing.
If the Customer continues to use the premises following expiry of the period of use, the contractual relationship is not considered to have been extended, contrary to § 545 BGB.
§ 15 Termination without notice
The right of each contractual party to terminate the contractual relationship in extraordinary circumstances and without observing a notice period, if further adherence to the contractual relationship is not reasonable, is not affected by § 15.
Wertheim is entitled to the right to extraordinary termination, in particular, if the Customer is overdue with their payment obligations or if the Customer does not fulfil their contractual obligations despite written warning. The Customer is liable for the fault of its visitors and/or vicarious agents as for its own fault.
In cases of extraordinary termination by Wertheim that are based on culpable behaviour of the Customer, the Customer is liable towards Wertheim for damages associated with this (e.g. missed payments for use). This also applies if the Customer does not vacate the premises on time.
§ 16 Return of the premises / workplaces
After the end of the period of use, the premises and workplaces, as well as all other equipment and technical facilities given to the Customer for use are to be handed over in a condition that corresponds to the condition at initial handing over. The rooms must be swept clean before handing over.
Any necessary repairs that result from improper use of the premises are to be carried out by the Customer, by the return of the rooms, at the latest.
If the Customer does not fulfil this obligation or does not fulfil it in time, Wertheim is entitled to open the premises and to have the clearing out and cleaning done at the Customer’s expense.
§ 17 Data protection
Wertheim will observe regulations concerning data protection pursuant to the Federal Data Protection Act (BDSG) and other statutory regulations on data protection.
The Customer gives its consent to its personal data required for performing the contract being stored on data carriers.
The Customer is entitled to withdraw its consent at any time, with effect for the future. In this case, Wertheim undertakes to immediately delete the Customer’s personal data.
§ 18 Video surveillance
Wertheim sometimes monitors its premises with video cameras and, in individual cases, saves the recordings in as far as and for as long as this is necessary in individual cases for the security of its customers and for investigating criminal acts.
Information about the circumstances of observation and the responsible body is provided on information signs. The relevant provisions of the Federal Data Protection Act will be observed.
§ 19 Personal data
Wertheim collects, processes and uses the Customer’s personal data (including its photographs). Wertheim expressly declares that it processes the data itself and only collects it for purposes within the meaning of the contractual relationship and that the principle of data economy will be observed. When the Customer enters Wertheim, Wertheim will record the date, time and membership number of the Customer and stores this data. This data will also be used anonymously to optimise services.
The Customer gives its consent to this contract and its personal data required for performing this contract being presented to the owner of the Wertheim property on its request.
§ 20 Change of legal form, sale of the business
The Customer undertakes to inform Wertheim immediately of any change in its person or legal form.
If the Customer sells its business or parts of its business, including non-essential parts, the use relationship will end automatically and without requiring to be terminated, when the sale becomes effective, unless Wertheim has agreed, expressly and in writing, to the transfer of the contract to the successor in title. There are no claims to transfer of this contract.
§ 21 Protection against competition / protection of the product range
Protection against competition / protection of the product range for the Customer is expressly excluded.
§ 22 Special agreements
The Customer gives Wertheim permission to mention its name on the website www.wertheim-cologne.com and on its social media platforms.
§ 23 Changes to contractual terms
Wertheim is entitled to change these contractual terms. Wertheim informs the Customer of these changes by email. The Customer must confirm its receipt. Wertheim uses the Customer’s email address, as given in the respective contact, for this purpose. If the Customer does not oppose the changes to the Ts & Cs within 14 days of receipt of the notification of change, the altered Ts & Cs are considered to have been accepted. The requirement for written form is met by the use of email notification and the Customer declares their express consent to this. The Customer is, at the same time, notified that it can oppose the changes in writing within two weeks of their announcement. In this case, the contractual relationship is terminated at the next termination date. Failure to object is considered to be confirmation and acceptance of the changes by the Customer (tacit agreement).
§ 24 Concluding terms
There are no verbal additional agreements. All additional agreements require written form.
The law of the Federal Republic of Germany applies.
The jurisdictional venue is the headquarters of Wertheim in Cologne.
If one or more of the terms of this contract become partly or entirely legally ineffective, the validity of the remaining provisions will not be affected by this. In such a case, the contract is to be performed according to the meaning that comes as close as possible to the economic purpose of the ineffective regulation. If invalidity is based on a provision concerning a service or time, it is to be replaced by the legally applicable standard.
Terms and Conditions for Event Area
Scope The offers and services of Wertheim Boarding House GmbH (referred to below as Wertheim) are provided exclusively on the basis of these terms and conditions. They are a constituent part of all event contracts that we conclude with our customers. Terms of our customers that deviate from this do not apply, unless we have given our written consent to this in individual cases.
Scope of services The number of guests communicated by the Customer and the number of guests for this agreed service becomes definitively contractually binding 10 days before the event and determines the scope of services. A change in the number of guests communicated after this only changes the content of the service if Wertheim declares their agreement to this in writing or actually provides additional services required by the Customer.
Date of payment and default The agreed payment is due 10 days after receipt of the invoice that Wertheim has issued for its services. Once the payment becomes due, Wertheim can demand interest on late payment for the outstanding amount, in accordance with statutory regulations. Because of this, assertion of a further claim for damages is not excluded.
Prices, payment and collection All prices are subject to VAT at the legally applicable rate. Wertheim is entitled to adjust prices if our service is to be provided later than four months after conclusion of the contract and wages or costs have risen for us by more than 5% during the intervening period. The Customer is entitled to terminate the contract because of the price adjustment if fulfilment of the contract becomes unreasonable for the Customer as a result.
Cancellation In the event of cancellation by the Customer, § 649 BGB [Civil Code] applies for the entire service. According to this, Wertheim is entitled to demand the agreed payment, taking into consideration any expenses saved.
Therefore, in the event of cancellation up to 30 days before the start of the event, the Customer has to pay 15% of the payment agreed for the event to Wertheim, 30% during the period from 30 days to 20 days, 50% from 20 days to 10 days, 70% from 10 days to 3 days and 90% on the 3rd and 2nd day before the event.
In cases of cancellation on the day before or on the day of the event, the agreed amount is to be paid. The Customer has the option of proving that Wertheim did not incur any expenses or was saved greater expenses. For a use and occupation contract concerning premises, the agreements concluded in it apply if an event is cancelled.
Breakage and loss If equipment that Wertheim has made available to the Customer, in particular, furniture, is damaged during an event of the Customer, the Customer undertakes to pay compensation. Breakages and decreases in value are to be replaced according to the new value. The Customer is entitled to prove that there have been no damages or that damages have been considerably less. The Customer has to take responsibility for fault of its guests, workers or staff as for its own fault.
If the Customer has rented equipment from Wertheim, the Customer undertakes to pay interest on the rental of the equipment handed over to it until we get it back or, in the case of damaged, destroyed or lost equipment, until it is repaired, replacements obtained or the replacement value paid.
Liability for damages Wertheim is only liable towards the Customer for damages, in the event of violation of a contractual obligation, if it can be proven that the damage was the result of our or one of our employee’s intention or gross negligence, unless compensation for damages is demanded because of injury to life, body or health. Exclusions / limitations of liability do not affect liability pursuant to the law on product liability.
Place of performance and jurisdictional venue The place of performance for delivery, handing over, payment and the jurisdictional venue is Cologne. If the Customer does not belong to the group of persons or institutions mentioned in § 310(1)(2), the generally applicable statutory provisions apply for this.
Terms and Conditions for Serviced Apartments
§ 1 Scope
These terms and conditions apply to all contracts concerning the handing over by way of tenancy of furnished apartments for accommodation and to all associated, additional services and deliveries of Wertheim Boarding House GmbH (referred to below as Wertheim) provided for the Customer.
The services are provided exclusively on the basis of these terms and conditions. We do not recognise any of the Customer’s contradictory terms and conditions or terms and conditions that deviate from ours, unless we have expressly consented to their applicability.
§ 2 Conclusion of contract, contracting parties, subletting and reletting
The contract comes into being through acceptance of the Customer’s application by Wertheim and Wertheim’s written confirmation.
If the content of the reservation confirmation deviates from the content of the Customer’s application, the deviating content of the reservation confirmation is binding for the Customer and Wertheim, if the Customer does not object in writing within one week of its receipt and Wertheim has expressly pointed out to the Customer the beginning and significance of the deadline.
The contracting parties are Wertheim and the Customer. If a third party, in particular a client or employer, has placed an order for the Customer, it will be liable with the Customer, as joint debtor, for all obligations resulting from the tenancy agreement, unless the third party has expressly pointed out that it is only acting as a representative for the Customer.
Subletting or reletting of the apartment handed over, as well as its use for purposes that do not serve the direct provision of living space for persons (e.g. invitation for interviews, sales or similar events) require the advance written consent of Wertheim. § 540(1)(2) BGB [Civil Code] is expressly waived if the Customer is a business owner.
§ 3 Services, prices and terms of payment
The Customer undertakes to pay the agreed or normal prices of Wertheim for the apartment and the other services it uses.
The agreed prices are subject to VAT at the legally applicable rate.
If the term of the tenancy is more than one month, the agreed payment is to be made monthly, in advance, by the 3rd working day of the month, to the account of Wertheim given in the tenancy agreement. Otherwise, Wertheim invoices that do not have a due date are to be paid within 10 days of receipt of the invoice, without deduction. Wertheim is entitled to consider accumulated outstanding amounts to be payable at any time and to demand immediate payment. In the event of default in payment, Wertheim is entitled to demand interest for late payment amounting to 8% over the basic rate of interest or, in the case of businesses in which a consumer is involved, 5% over the basic rate of interest. Wertheim expressly reserves the right to prove that damages are greater.
Collection expenses amounting to 3.00 Euro are collected for every warning after the start of default. It is up to the Customer to prove that these have not been incurred or have not been incurred at the amount demanded.
Wertheim is entitled to demand an appropriate advance payment and/or security at conclusion of the contract or afterwards. The amount of the advance payment and payment dates can be agreed in writing in the contract. The security can also be paid by providing credit card details. In this case, Wertheim is entitled to collect the relevant agreed payment by credit card in the event that payment dates are not adhered to.
The Customer can only discharge by way of counterclaim in respect of Wertheim with undisputed or legally established claims or claims that are ripe for judgment. If the Customer is a business owner, it can only reduce the rent if the right to reduction in price is undisputed or legally established.
If the Customer has paid the security by providing their credit card details, Wertheim is entitled to collect payment for additional services used by the Customer, e.g. final cleaning, special cleaning or, if applicable, mini-bar stocking, from the Customer’s credit card, after appropriate invoicing.
§ 4 Smoking ban, pets
1.Wertheim apartments are non-smoking apartments. Smoking is therefore forbidden in the apartments. Violation entitles Wertheim to terminate the contract without giving notice. Furthermore, Wertheim can, if necessary, invoice for costs for special cleaning because of the odour of nicotine, cannabis, crack or opium etc. in the apartment at an amount of at least 60 EUR net.
2. Animals may only be kept in the rented apartments with the written consent of Wertheim.
§ 5 Provision, handing over and return
Unless agreed otherwise, the Customer does not have any claim to provision of a certain apartment.
Apartments that have been booked are available to the Customer from 15.00 hours on the agreed day of arrival. The Customer does not have any claim to earlier provision of the apartment.
The apartment is to be vacated and made available to an employee of Wertheim by 11.00 hours at the latest on the agreed day of departure. After this time, Wertheim can invoice the Customer 50% of the day rate for the apartment for delayed return, if the room is vacated by 18.00 hours. The Customer can be charged the entire day rate for the following day in the event that the room is not vacated until after 18.00 hours. This does not justify any contractual claims on behalf of the Customer. It is up to the Customer to prove that Wertheim has not incurred any damages or that damages incurred are considerably less.
The apartment has to be returned in the condition in which the Customer found it. The Customer has to remove all of its personal equipment from the apartment and to dispose of food it has brought with it.
For reasons relating to insurance law, Wertheim asks the Customer to close the apartment door after leaving the apartment.
§ 6 Withdrawal and cancellation
The following conditions of cancellation apply for the Customer:
Period Cancellation fee (% of original total offer)
Up to 30 days before day of arrival
Free of charge
29-10 days before day of arrival
50%
9-2 days before day of arrival 80%
1 day before arrival & on day of arrival
100%
Cancellation has to be made in writing (by email, letter or fax) to Wertheim Boarding House GmbH, Hansaring 12, 50670, Cologne, Germany.
If a date for free-of-charge withdrawal from the contract has been agreed in writing between Wertheim and the Customer, the Customer can withdraw from the contract until then, without triggering claims for payment or compensation for damages in respect of Wertheim. The Customer no longer has the right to withdraw if the Customer does not exercise their right to withdraw in respect of Wertheim, in writing, by the agreed date.
If a free-of-charge right to withdraw within a certain period has been agreed in writing for the Customer, Wertheim is also entitled to withdraw from the contract during this period, if there are requests from other customers for contractually booked apartments and the Customer does not renounce their right to withdraw when Wertheim makes the enquiry.
If an agreed advance payment or security is not paid even after expiry of an appropriate additional period of time set by Wertheim, Wertheim is entitled to withdraw from the contract. In this case, the Customer has to pay cancellation and handling fees in accordance with § 6(2).
Furthermore, Wertheim is entitled to withdraw from the contract in exceptional circumstances for factually justified reasons, for example if
• Force majeure or other circumstances for which Wertheim is not responsible make performance of the contract impossible;
• Apartments are booked under misleading or incorrect information about facts that are essential to the contract, for example, those relating to the person of the Customer or the purpose;
Wertheim has justified cause to assume that use of the apartments booked can endanger good relationships between tenants, security or Wertheim’s public image, without the management or organisation of Wertheim being responsible for this.
§ 7 Loss or damage of property that has been brought in
1. Property that has been brought in by the Customer is kept in the apartment rented at the Customer’s own risk. Wertheim accepts no liability for loss, destruction or damage, including for damage to property, except in cases of gross negligence or intention of Wertheim. This excludes damages resulting from injury to life, body or health. Furthermore, all cases in which safekeeping represents an essential contractual obligation, because of the circumstances of the individual case, are excluded from this exemption from liability.
§ 8 Technical equipment and connections
The Customer’s operation of its own electrical equipment while using the apartment’s mains electricity requires the written consent of Wertheim, providing that this does not concern equipment for everyday use. Disruption or damage to the apartment’s technical systems caused by use of these appliances by the Customer will be paid for by the Customer, unless Wertheim is responsible for this disruption or damage.
The Customer is forbidden from operating illegal file-sharing through the internet connection provided by Wertheim. This includes any upload or download of copyright-protected music, film and software files. The Customer is liable for all damages suffered by Wertheim and/or the intellectual property holder through the Customer’s breach of the law.
Faults in technical or other equipment provided by Wertheim are to be remedied immediately if possible. Payments cannot be withheld or reduced if these faults are not the responsibility of Wertheim.
Wertheim apartments are equipped with a television and radio, as a minimum. Use of these appliances is only permitted if the Customer has registered them with GEZ in advance.
§ 9 Access to Wertheim Boarding House GmbH
1. Wertheim is entitled to enter the rented apartment, by arrangement with the Customer, to carry out repairs, to read electricity and water meters and for inspection in the context of the subsequent rental. If danger is imminent, Wertheim is entitled to enter the apartment without the agreement of the tenant.
§ 10 Liability of the Customer for damages
If the Customer is a business, it is liable for all damages to the building or furnishings and fittings that are caused by visitors, employees or other third parties from its area or by the Customer itself.
At handing over of the apartment, an inventory list will be made available to the Customer that the Customer then has to countersign. The Customer has to compensate for costs, at the current value, of objects that are no longer present when the apartment is vacated.
Wertheim can demand appropriate securities from the Customer (e.g. insurance, deposits or guarantees). The security can also be paid by providing credit card details. In this case, Wertheim is entitled to collect the costs for repairing damages to the apartment intentionally caused by the Customer or any coinhabitants or visitors, from the Customer’s credit card. Wertheim will determine the costs of repairing the damages in advance by obtaining an estimate from a trade company.
The Customer undertakes to contribute what is reasonable to remove disturbance and to keep possible damages as low as possible.
§ 11 Liability of Wertheim Boarding House GmbH
Wertheim is liable for its obligations resulting from this contract with the due diligence of a prudent businessperson. The Customer’s claims for compensation for damages are excluded. This excludes damages resulting from injury to life, body or health, if Wertheim is responsible for neglecting its duties, other damages caused by Wertheim’s intentional or grossly negligent neglect of its duties and damages caused by intentional or negligent violation of Wertheim’s essential contractual obligations. Neglect of duty by Wertheim is equal to that by one of its legal representative or vicarious agents. If faults or defects arise in Wertheim’s services, Wertheim will endeavour to find a remedy when it becomes aware of these or as soon as the Customer makes a complaint.
Wertheim is not liable for damages caused by the Customer.
If a parking space in a garage or other parking place is made available to the Customer, including in return for payment, no safekeeping agreement will come into being. Wertheim is not liable in the event of loss or damage to any motor vehicles, or their contents, parked or positioned in the parking place, except in cases of intention or gross negligence. No. 1, sentences 2 to 4, above, apply accordingly. Wertheim is to be informed of any damages immediately.
All claims against Wertheim essentially become statute-barred within one year of the start of the normal statutory period of limitation of § 199(1) BGB. Claims for damages become statute-barred within five years of their emergence, without taking into consideration knowledge or grossly negligent ignorance. The above reductions in the statutory period of limitation do not apply in cases of injury to life, body, health or liberty or in the case of claims that are based on intentional or grossly negligent neglect of duty of by Wertheim, its legal representatives or vicarious agents.
§ 12 Concluding terms
Changes or supplements to the contract, acceptance of applications or these terms and conditions for rental of apartments should be made in writing. Unilateral changes or supplements by the Customer are ineffective.
The place of performance and payment is Wertheim Boarding House GmbH. The exclusive jurisdictional venue – including disputes concerning cheques and bills of exchange – is Cologne, if the Customer is a businessperson. If a party to the contract fulfils the preconditions of § 38(2) ZPO [Code of Civil Procedure] and does not have a general jurisdictional venue in the country, the headquarters of Wertheim Boarding House GmbH are considered to be the jurisdictional venue.
German law is applicable. Application of the United Nations Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
Should individual terms of these terms and conditions be or become ineffective or invalid, this will not affect the effectiveness of the other terms. In this case, statutory regulations apply.